Employment tribunals in Great Britain judge a covert recording of a work conversation case by case. The Employment Appeal Tribunal (EAT) has said it is good practice to say you intend to record a meeting, and that not doing so will generally amount to misconduct, so recording your boss without saying so can put your job at risk. At the same time, a recording is not ruled out of a tribunal just because it was made covertly. This guide covers England, Scotland and Wales and is not legal advice. It does not cover criminal law or data protection rules on sharing a recording; ask an adviser about those.
Key points
- The Employment Appeal Tribunal has said it is good practice to say you intend to record a meeting, and that not doing so will generally amount to misconduct.
- It has also said a covert recording does not necessarily destroy trust: purpose, blameworthiness, what was recorded and the employer's attitude can all matter.
- A recording is not ruled out of a tribunal just because it was made covertly, though a panel's private deliberations have been treated differently.
- Alternatives: ask to record openly, ask for the employer's meeting notes, bring a companion and keep a dated diary of your own.
Contents
What the Employment Appeal Tribunal has said
In Phoenix House Ltd v Stockman (judgment handed down in July 2019), the EAT noted that most people carry a phone that can record, that it is now not uncommon for an employee to record a meeting without saying so, and that this is not necessarily done to entrap anyone: it may be to keep a record, to guard against being misrepresented, or to get advice from a union. It said a tribunal is not bound to conclude that a covert recording destroys trust and confidence, and listed what may be relevant:
- Purpose: from an employee seeking to entrap the employer to one trying to keep a record.
- Blameworthiness: from someone specifically told not to record, or who lied about it, to an inexperienced or distressed employee.
- What was recorded: a meeting about your own position, or confidential business or personal information about other people.
- The employer's attitude to recording.
The EAT added that it is good practice for an employee or an employer to say if they intend to record a meeting, save in the most pressing circumstances, and that it will generally amount to misconduct not to. In that case the employment tribunal reduced the employee's compensation for unfair dismissal by an extra 10% to reflect the recording, and the EAT left that in place.
Workplace rules and disciplinary risk
Check your staff handbook and disciplinary rules for anything about recording. A direct instruction not to record changes the picture. In Kristensen v Portman Healthcare [2026] EAT 127, an employee had been told in writing that further covert recording, or not handing over his recordings, would be treated as gross misconduct; he then recorded his suspension meeting. The EAT recorded that his wrongful dismissal complaint was rejected solely because of those two recording issues, while it sent other parts of the case back to the tribunal.
How tribunals treat recordings
Under rule 41 of the Employment Tribunal Procedure Rules 2024, a tribunal is not bound by the rules on admissibility that apply in the courts. In Punjab National Bank v Gosain (2014), the EAT said the fact that recordings were made covertly is not, of itself, a ground for ruling them inadmissible. It upheld a decision to admit recordings of remarks allegedly made in private during breaks in a grievance hearing and a disciplinary hearing, after the judge had weighed them against the public interest in keeping a panel's private deliberations confidential; in an earlier case, recordings of a disciplinary panel's private deliberations had been excluded. How much a recording counts for is then a matter for the tribunal.
If you already have a recording, keep the original file unedited, note when and where it was made and who is speaking, and tell your adviser about it early. If you are considering a claim, check the time limit first; see employment tribunal time limits.
Alternatives that don't rely on covert recording
Option | What it gives you |
|---|---|
Ask to record openly | Both sides know and can agree how. The EAT said saying so lets both sides consider whether a recording is desirable and how to make it. |
The employer's meeting notes | For a grievance meeting, Acas says the employer can arrange a note-taker and should give you copies of the meeting record and notes and ask you to confirm they are accurate. |
A companion | Acas says any employee or worker can bring a colleague or a trade union representative to a grievance meeting about a breach of a legal or contractual duty. |
Your own dated diary | Written the same day, in your words. The EAT observed that for a long meeting a summary or note can be of more value than a recording that has to be transcribed. |
Invented example; not a real person or workplace. Event: Tuesday 6 October 2026, about 2:30 pm, one-to-one in the small meeting room. Written: same day, 5:50 pm. When I raised the overtime rota, my line manager shouted “I'm sick of your excuses” twice. I am sure of those words. No one else was in the room; the door was open. At 3:15 pm I emailed asking for a written note of what we agreed. No reply yet.
For what to include in each entry, see what to record in a bullying at work diary. To raise it formally, see how to write a grievance letter about bullying; ask in the letter for notes of the grievance meeting. If you feel unsafe, leave and contact emergency services; a record can wait.
Kirokune keeps your notes, photos and recordings in one case on your iPhone, in date order, and lets you set when something happened separately from when you saved it. Its recorder can hold a voice note of your own account straight after a meeting. The free version includes one case with unlimited records and needs no account; PDF export is a Kirokune Plus (paid) feature. Kirokune doesn't sync or keep its own cloud copy; if iPhone backup (iCloud or a computer) is on, your records are included in it. It does not decide what happened, tell you whether to record, or give legal advice.
Frequently asked questions
- Is it illegal to record a conversation at work in the UK?
- This guide does not cover criminal or data protection law, so ask an adviser about your circumstances. In employment terms, the Employment Appeal Tribunal has said it is good practice to say you intend to record a meeting and that not doing so will generally amount to misconduct, so a covert recording can lead to disciplinary action.
- Can a covert recording be used at an employment tribunal?
- It can be. Tribunals are not bound by the courts' rules on admissibility (rule 41 of the Employment Tribunal Procedure Rules 2024), and in Punjab National Bank v Gosain the EAT said that being made covertly is not, of itself, a ground for ruling a recording inadmissible. Recordings of a panel's private deliberations have been treated differently, and the tribunal decides how much a recording counts for.
- Can I be dismissed for secretly recording a meeting?
- It depends on the circumstances. In Phoenix House v Stockman the EAT said a covert recording does not necessarily destroy trust and confidence, and pointed to purpose, blameworthiness, what was recorded and the employer's attitude. In Kristensen v Portman Healthcare (2026), where the employee had been warned in writing, his wrongful dismissal complaint was rejected because of the recording issues.
- Can I record my boss shouting at me?
- The same points apply. Consider saying that you are recording, or asking for notes of any formal meeting. Either way, write a dated diary entry as soon as you can, with the exact words you are sure of and who was nearby. If you feel unsafe, leave first.
- What can I do instead of recording?
- Ask for the employer's notes of formal meetings and check them; Acas says you should be given copies and asked to confirm they are accurate after a grievance meeting. Bring a colleague or trade union representative, send a short email afterwards confirming what was said, and keep a dated diary.
Sources
- GOV.UK — Phoenix House Ltd v Mrs Tatiana Stockman: UKEAT/0058/18/OO (Employment Appeal Tribunal) (checked 2026-10-14)
- GOV.UK — Mr B Kristensen v Portman Healthcare Ltd: [2026] EAT 127 (checked 2026-10-14)
- GOV.UK — Punjab National Bank (International) Ltd and Others v Ms S Gosain: UKEAT/0003/14/SM (checked 2026-10-14)
- legislation.gov.uk — The Employment Tribunal Procedure Rules 2024, rule 41 (checked 2026-10-14)
- Acas — Formal grievance procedure, step 4: the grievance meeting (checked 2026-10-14)
Kirokune helps you keep a record. It does not diagnose, decide what happened, or give legal advice.